RMS Residential Properties, LLC v. Miller

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Defendant Anna Miller executed a promissory note to a finance company and conveyed by way of a mortgage her interest in real property to Mortgage Electronic Registration Systems. Defendant's mortgage was thereafter assigned to Plaintiff, RMS Residential Properties (RMS), which became the holder of the note prior to the commencement of this foreclosure action. The trial court granted summary judgment in favor of Plaintiff. On appeal, Defendant contended that RMS lacked standing to commence the foreclosure action because there was no statutory authority that conferred standing on a mere holder of a note to foreclose a mortgage. The Supreme Court affirmed, holding that because Conn. Gen. Stat. 49-17 raises a rebuttable presumption that a holder of a note is the owner of the debt, the statute may confer standing to foreclose a mortgage on a holder of a note. View "RMS Residential Properties, LLC v. Miller" on Justia Law